Item - 2021.GL22.11

The General Government and Licensing Committee recommends that:

1. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations for the acquisition of the property interests as set out in Appendix A to the report (April 12, 2021) from the Executive Director, Corporate Real Estate Management, and shown as Parts 1 and 2 in sketch number PS-2019-139, attached as Appendix B to the report (April 12, 2021) from the Executive Director, Corporate Real Estate Management (collectively, the "Property"), and as Approving Authority under the Expropriations Act, City Council authorize the initiation of the expropriation process for the Property for the purpose of constructing the West Toronto Railpath Extension and related ancillary works. 

2. City Council direct the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notices of Application for Approval to Expropriate the Property, to forward any requests for a hearing of necessity to the Chief Inquiry Officer, to attend any hearings to present the City of Toronto's position, and to report the Inquiry Officer's recommendations to City Council for its consideration.

The purpose of this report is to seek authority from City Council to commence expropriation proceedings to acquire a fee simple interest and a temporary easement in the portion of the property municipally known as 50 Alma Avenue, for the purpose of constructing the West Toronto Railpath Extension. A description of the interests to be expropriated is set out in Appendix A, being (1) a fee simple interest in the lands shown as Part 1, and (2) a temporary easement over the lands shown as Part 2 for the purpose of a construction access route (collectively, the Property). Both Parts 1 and 2 are shown on sketch number PS-2019-139 attached to this report as Appendix B.

This is the first stage of the expropriation process. After application for approval to expropriate the Property is authorized by City Council, as the Approving Authority under the Expropriations Act (the "Act"), staff will serve and publish a Notice of Application for Approval to Expropriate on each registered owner of the Property. Owners, as defined in the Act, will have 30 days to request an inquiry into whether the City's proposed taking is fair, sound and reasonably necessary.

If no inquiry is requested, City Council may approve the expropriation through a subsequent Stage 2 Report. At that time, staff will report to City Council with further details on the anticipated costs, based on appraisals. Following the Stage 2 Report, an Expropriation Plan will be registered and Notices of Expropriation will be served on the appropriate parties. Statutory offers for compensation must be served before the City can take possession of the expropriated Property.